Zoning Board of Adjustment and Development Review Board

VT-Towns-Image

A municipality that has a municipal plan and zoning bylaws may choose to have either a development review board or a zoning board of adjustment. If a development review board is chosen, it shall exercise all the functions exercised by the zoning board of adjustment and development review functions otherwise exercised by the planning commission (such as approval, modification or disapproval of plats and their development).

The zoning board of adjustment or development review board may consist of the members of the planning commission or include one or more members of the planning commission. The legislative body shall decide how many members, between five and nine, shall be on the development review board or zoning board of adjustment. If the members of the planning commission are not also the zoning board of adjustment or development review board, the selectboard shall appoint members. 24 V.S.A. § 4461.

The development review board or zoning board of adjustment shall hear appeals from decisions of the zoning administrator and grant or deny variances. 24 V.S.A. §§ 4464, 4468.

The development review board, but not a zoning board of adjustment, may take steps to enable it to hear applications for local Act 250 review of municipal impacts. If a development review board decides to hear such applications, then all applications would go through that process unless Act 250 had no jurisdiction. Act 250 criteria the development review board may consider are impacts on educational and municipal services, and conformance with the town plan. 24 V.S.A. § 4449.